Parenting Agreements in a Divorce

If you and your spouse are divorcing with children, you may already have a good idea of how you will handle the responsibilities of a family when living apart. For those who do not want to have their child custody arrangements dictated by the court, it is possible for parents and their attorneys to come up with a parenting agreement that works well for your family.

It may be something worked out informally or it may be a mediation or collaborative effort. If the parents can agree to negotiate and resolve all the issues related to child parenting time (aka child custody and visitation), the couple’s decisions can be finalized as part of the divorce settlement agreement.

Generally speaking, a parenting agreement should include the child’s proposed living arrangements, visitation schedules, how major decisions such as education and health will be handled, with whom the child will spend certain holidays, provisions for relationships with other parties such as grandparents, and how changes or disputes regarding the agreement will be handled moving forward.

After a parenting agreement is set, it is typically submitted to a judge who may hold an informal court hearing to determine if the agreement was fairly negotiated and that the child’s best interests are being served. The parenting agreement will then become a binding court order or decree.